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Dropbox TOS Includes Broad Copyright License

mrtwice99 writes "Dropbox recently updated their TOS, Privacy Policy, and Security Overview. Included in the TOS is the following statement: 'By submitting your stuff to the Services, you grant us (and those we work with to provide the Services) worldwide, non-exclusive, royalty-free, sublicenseable rights to use, copy, distribute, prepare derivative works (such as translations or format conversions) of, perform, or publicly display that stuff to the extent we think it necessary for the Service.' I think Dropbox is a great service, but what is the significance of granting them such broad usage rights?" Elsewhere in the same Terms of Service, which are a few notches above the norm in both brevity and readability, Dropbox says both "Dropbox respects others’ intellectual property and asks that you do too," and "You retain ownership to your stuff."

15 of 213 comments (clear)

  1. So they wont get sued by asshats by cgeys · · Score: 4, Insightful

    It's the usual clause companies have to put now a day so that some asshat won't sue them for millions of dollars even if the service providers offered the services like advertised. Dropbox probably needs this clause to show your content in a public link that you link to others. Youtube and any other user submitted service has similar clauses. The law probably needs fixing, but that isn't the companies fault - blame the asshats abusing it.

    1. Re:So they wont get sued by asshats by node+3 · · Score: 3, Interesting

      Has nothing to do with that. Simple disclaimers fix that. They are doing it to profit off what they don't own.

      For example? And by 'example', I mean an example of something they are actually doing and not just something you think they could conceivably do.

      These sorts of clauses are almost always about trying to legally protect the way the site/service works. Why would Dropbox think it could just take your shit and sell it (what you seem to think they are going to do here)?

    2. Re:So they wont get sued by asshats by cgeys · · Score: 3, Insightful

      Just ask yourself why Slashdot has no such agreement. Somehow Slashdot manages to scrape by without this "essential" clause.

      You might want to read Slashdot terms before making such statements because

      In each such case, the submitting user grants Geeknet the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.

      Slashdot (and whole Geeknet) license agreement is actually even wider than Dropbox, as they don't even limit it to as-required-by-service.

    3. Re:So they wont get sued by asshats by cgeys · · Score: 3, Informative
      You might want to read Slashdot terms before making such statements because

      In each such case, the submitting user grants Geeknet the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.

      Slashdot (and whole Geeknet) license agreement is actually even wider than Dropbox, as they don't even limit it to as-required-by-service.

    4. Re:So they wont get sued by asshats by Attila+Dimedici · · Score: 5, Insightful

      You seem to have missed the part where it says, "...to the extent which we think it necessary for the Service." I think they would have trouble convincing a judge that allowing someone you did not designate access to your copyrighted material without your explicit permission for Dropbox's profit was something they legitimately thought was "necessary for the Service."

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    5. Re:So they wont get sued by asshats by iamwahoo2 · · Score: 4, Insightful

      The summary missed the true problem which is that this TOS requires that the user hold copyright or right to grant a license on the material in question. Which means you can only put up original content, public domain, etc... Legally purchased MP3s cannot be uploaded, GPL content cannot be uploaded (as there terms are not GPL compatible). It is a slippery slope and poorly thought out move by dropbox's lawyers. By opening door to the idea that users need to control certain copyright terms in order to use cloud based storage, you essentially make it useless from a standpoint of using the service legally and you will increase pressure from **AA to force cloud based storage managers to police and filter content.

    6. Re:So they wont get sued by asshats by John+Bresnahan · · Score: 5, Informative
      Maybe I'm missing the point, but when I post something to Slashdot (such as this) my intention is to make it available to the public at large.

      I haven't used Dropbox, but I didn't think it had a similar purpose. I thought it was more like a cloud-based hard drive.

      I see a significant difference between the two.

  2. They all do it. by nagnamer · · Score: 5, Insightful

    Google, deviantArt, Facebook, et al, they all have very similar or same wording in their TOS's. Point is, if they transfer data from your account to someone else's account, it is considered distribution, performance if they show video to others, etc, etc. So they need you to license your stuff to them so they're permitted to carry out their services. The fact that it, on paper, gives them right to do many other things is worrying, but not at all unusual. Good thing about Dropbox version is that it at least has the "to the extent we think we think it necessary for the Service." That is an improvement.

    --
    Every harsh word you utter has the right address. It only sounds harsh because the one on the envelope is the wrong one.
  3. Out of context by Anonymous Coward · · Score: 5, Insightful

    If you read the whole agreement, it isn't as scary as the poster has implied.

    Your Stuff & Your Privacy

    By using our Services you may give us access to your information, files, and folders (together, “your stuff”). You retain ownership to your stuff. You are also solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services.

    We sometimes need your permission to do what you ask us to do with your stuff (for example, hosting, making public, or sharing your files). By submitting your stuff to the Services, you grant us (and those we work with to provide the Services) worldwide, non-exclusive, royalty-free, sublicenseable rights to use, copy, distribute, prepare derivative works (such as translations or format conversions) of, perform, or publicly display that stuff to the extent we think it necessary for the Service. You must ensure you have the rights you need to grant us that permission.

    How we use your stuff is also governed by the Dropbox Privacy Policy, which you acknowledge. You acknowledge that Dropbox has no obligation to monitor any information on the Services, even though we may do so. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services. We may disclose information about your account or your stuff to law enforcement officials as outlined in our Privacy Policy.

    1. Re:Out of context by TheRaven64 · · Score: 3, Insightful

      The entire thing is horrible from a legal standpoint. If that's their actual TOS, rather than an informal FAQ or similar, then run a mile from their service. They clearly haven't consulted a (remotely competent) lawyer in drawing up a legal document. From previous Slashdot stories, they haven't consulted a remotely competent cryptographer in designing their encryption either. I wonder if they've consulted anyone competent about anything at all...

      --
      I am TheRaven on Soylent News
  4. Not even under their control by antifoidulus · · Score: 3, Interesting

    At the end of the day, dropbox is really just a fancy front end bolted on to Amazon's s3 service. So basically if Amazon demanded no copyrighted material be stored on the service, dropbox must change it's TOS to match..... Ultimately your dropbox data is essentially in the hands of not just one, but 2 different companies.

  5. Re:Fails on yet another level by X3J11 · · Score: 4, Insightful

    ... they are now pretending they own everything people put there?

    No, they are being granted a license to use what people put there. There is a difference.

    Maybe it's time for law enforcement to get involved with these clowns and hit them with fraud for pretending to have a secure service.

    Yes someone better call the Internet Police and ... oh wait. This comment doesn't even make sense. Call which law enforcement exactly? And for what charge? "I don't like their Terms of Service" isn't, as far as I'm aware, something any country's laws have a charge for. You don't like the terms, you don't use the service.

  6. Translation: by kuzb · · Score: 3, Insightful

    "We reserve the rights to be douchebags if we want, but we promise we won't be."

    --
    BeauHD. Worst editor since kdawson.
  7. Or don't use DropBox. Use Wuala instead. by Weezul · · Score: 3, Informative

    Wuala offers both encryption and cheap storage via data deduplication. They simply AES encrypt your stuff using it's own SHA as the key. And they use the encrypted file's SHA for the identifier. In this way, any two people should encrypt the same file to the same encrypted file, but nobody who's never seen the original file could read it, including Wuala.

    Soon, we'll see the MafiAA perusing people's DropBox accounts to delete pirated content and/or sue its possessors. Wuala doesn't offer that much more technical protection here since they'll simply subpoena the list of people possessing a particular file, but they cannot actually just browse your account because each directory gets encrypted too and directories are usually unique. Also, Wuala is far more likely to fight a MafiAA subpoena because they're (a) based in Switzerland, (b) started as a P2P network, and (c) started by academics.

    --
    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
  8. Re:What you get for free by mrtwice99 · · Score: 3, Insightful

    Seriously, you are going to compare Dropbox to "a basic website with webspace", and this gets modded Insightful? I have lots of websites, there is a reason I use Dropbox, its a great product. I'm just concerned the terms are overly broad.